Annexure II - AERA
Annexure II - AERA
Annexure II - AERA
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<strong>Annexure</strong> <strong>II</strong>-B<br />
i. State Support Agreement dated so" September 2003 between GoAP & HIAL<br />
ii. Land Lease Agreement dated so" September 2003 between GoAP & HIAL<br />
iii. Concession Agreement (CA) for development, construction, operation and<br />
maintenance of the Hyderabad Airport, was entered into between Gol through<br />
the Ministry of Civil Aviation (MoCA) and HIAL, on zo" December 2004.<br />
5. As per Article 2.1 of the above said Concession Agreement, the Scope of the Project<br />
includes development and construction of the Airport, operations and maintenance of<br />
the Airport and performance of the Airport Activities and Non-Airport Activities.<br />
It is clear from the above that the scope of the Project indeed constitutes two<br />
components viz., [a] Airport Activities and [b] Non-Airport Activ ities. In order to<br />
implement these projects, the GoAP gave land on lease basis to GHIAL. It is submitted<br />
that the land was acquired and leased by GoAP as part of its State Support obligation for<br />
the Project since the acquisition of the land by GHIAL would have rendered the project<br />
unfeasible . The purpose of the land under Land Lease Agreement is to develop the<br />
above said Project comprising of [a] Airport Activities and [b] Non-Airport Activities. The<br />
Airport Activities indeed include all the aeronautical, non-aeronautical and airport<br />
centric activities at the Airport as set out in the Schedule 3, part 1 of CA.<br />
The Master Plan depicting the intended land utilization to cater to both Airport and<br />
Non-Airport Activities was annexed to the Concession Agreement as Attachment 1.<br />
6. Accordingly, the Airport was constructed and commissioned in March 2008. Thereafter<br />
MoCA approved levy ofUDF @ Rs.1000/- (inclusive oftaxes) per international departing<br />
23 rd<br />
passenger w.e.f. April 2008 and @Rs. 375/- (inclusive of taxes) per departing<br />
domestic passenger w.e.f is" August 2008 (vide letters No.AV.20015/03/2003-AAI<br />
dated zs" February 2008 and l\lo.AV.20036/28/2004-AAI (VoI.IV) dated is" August<br />
2008 respectively), on ad-hoc basis.<br />
7. HIAL, vide its letter no. GHIAL/UDF/Domestic/04/2008 dated 01 5t September 2008, had<br />
submitted that in its original business plan furnished to the Ministry, the average UDF<br />
amount was arrived @ Rs.725/- per passenger for both international and domestic<br />
passengers and since the UDF for international passengers was approved for Rs.1000/by<br />
the Ministry, the corresponding amount for domestic passengers should be Rs.600/so<br />
as to be in consonance with its business plan. HIAL subm itted that in the meanwhile,<br />
it had started collecting the provisionally approved domestic UDF @ Rs .375/- departing<br />
passenger, under protest. HIAL also stated that as a result of the lower UDF approved<br />
for domestic passengers, it was incurring a substantial loss.<br />
8. Pursuant to the enactment of the "The Airports Economic Regulatory Authority of India<br />
Act, 2008" on os" December 2008 the Airports Economic Regulatory Authority<br />
CP No. 9/2013-14/T-12023(14)/1/2012- Tariff- Vol - <strong>II</strong>I <strong>Annexure</strong> <strong>II</strong>-B Page 2 of 51<br />
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